IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.6491/2018 BETWEEN :
1. Sri Siddaiah S/o late Doddasiddaiah Aged about 62 years 2. Neelamma W/o Siddaiah Aged about 55 years Both are R/at Hirode Street Pandavapura Town Mandya District-571 425. (By Sri Hemantha N., Advocate) AND :
State of Karnataka By Pandavapura Police, Pandavapura, Mandya District Represented by State Public Prosecutor High Court Building Bengaluru-560 001 (By Sri M. Divakar Maddur, HCGP) … Petitioners … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.45/2018 (C.C.No.202/2018) of Pandavapura Police Station, Mandya District, for the offence punishable under Sections 341, 302, 504, 506 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused Nos.2 and 3 under Section 438 of Cr.P.C. praying to release them on anticipatory bail in Crime No.CC.No.202/2018 arising out of Crime No.45/2018 of Pandavapura Police Station for the offences punishable under Sections 341, 302, 504, 506 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. Brief facts of the case are that on 17.2.2018 at about 9.30 p.m., when the complainant was in her house, accused Nos.1 to 5 came and asked whereabouts of her son. When she told that he has gone somewhere and in the meanwhile when her son came on the motorcycle, petitioner-accused No.5 pulled him down and when he was about to stand up, all the accused persons assaulted him with hands and thereafter accused No.5 summoned his friends and assaulted him and gave life threat. Thereafter, her son was shifted to hospital wherein the doctor has examined and reported that he is dead. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioners that petitioners have not committed any offence. In the complaint and other material, there are common allegations made as against all the accused persons. Already accused No.5 has been released on bail and therefore on the ground of parity, the petitioners are also entitled to be released on bail. He further submitted that PM report clearly goes to show that death is due to pressure over the neck. The petitioners have not assaulted or strangulated the neck of the deceased. He further submitted that the petitioner No.1 is a senior citizen and petitioner No.2 is lady. They are having health ailments. They are ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that there are six eye witnesses to the alleged incident. The accused persons including the petitioners have assaulted the deceased and when he fell down on the ground, they have stampeded on the chest, neck and other parts of the body and because of the said assault the deceased died due to pressure over the neck. There is prima facie material to connect the petitioners to the alleged crime. He further submitted that the petitioners are absconding and they are not available for the purpose of interrogation or investigation. If the petitioners are enlarged on bail, they may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On going through the contents of the complaint, it indicates that the petitioners along with other accused persons came to the son of the complainant and thereafter petitioners and other accused pulled him down and assaulted with hands and at that time, they have also stampeded and because of the said act, the deceased became unconscious and when he was taken to the hospital he was declared dead. There is ample material to show that the petitioners have been indulged in a serious offence which is punishable with death or imprisonment for life. Under such circumstances, this is not a fit case to exercise the power under Section 438 of Cr.P.C. to release the petitioners on anticipatory bail.
In that light, petition stands dismissed.
However, in the event if the petitioners surrender themselves and file application for regular bail before the trial Court, the trial Court shall decide the said application without in any way being influenced by the observations made by this Court during the course of this order.
Sd/- JUDGE *ck/-